The Batavia Blue Devils boys basketball team lost Thursday to Greece Olympia 64-47.
Javin McFollins and Tanner Mountain scored nine points each. Estavan Lovett and Sawyer Siverling scored six each.
Also in boys basketball, Notre Dame beat Lyndonville 83-56.
In girls basketball, Batavia beat Olympia 47-37. Jaylene Dersham scored 21 points and Julia Clark scored 10.
The unemployment rate fell to 3.3 percent in November in the Batavia Micropolitan Area, down from 4.9 percent the previous year.
The micropolitan area, a demographic term, is roughly contiguous with the borders of Genesee County.
There are 27,900 people in the local labor force (people with jobs or looking for jobs), down from 28,900 from a year ago. There are 27,000 people with jobs, down by 500 from the previous year.
There are 900 people in the labor force who are currently unemployed, down from 1,400 a year ago, and down by 100 from last month.
The state's unemployment rate is 5.5 percent, down from 8.3 percent a year ago.
Danielle R. Tooley is indicted on counts of criminal possession of a controlled substance in the fifth degree and aggravated unlicensed operation in the third degree. On Nov. 24, in the Town of Bergen, Tooley is accused of possessing more than 500 milligrams of cocaine. On that same date, she is accused of driving a 2008 Volvo on Clinton Street Road, Bergen, while her license was suspended.
Video submitted by Tim McArdle
Braiden Tower won first place, and Bryar Biracree, second, in the 7th-grade spelling bee today at Le Roy Middle School.
Mr. Knisley was the moderator and Mrs. Cain was the judge.
Braiden correctly spelled Zeppelin in the round for the win and will now advance to the regional competition.
To watch a video of the entire spelling bee, click here.
Photos and information submitted by Tim McArdle.
For the first time this year, the Oakfield Betterment Committee installed Christmas decorations for the first time this year in Memorial Park, 17 Main St.
The "Winter Wonderland" light display is a walking tour on the paved paths of the park.
"This is OBC’s gift to the community for their support of Labor Daze and other events," said committee member Jamie Lindsley. "We hope to make this an annual project and would like to undertake even more projects to improve our community for all."
This is County Building #2 on West Main Street Road, Batavia, earlier this evening.
If Michael Tomaszewski were to receive the maximum sentence in prison under the law for his crimes, the court would have no leverage to ensure he paid back his victims the more than $500,000 he stole from them, County Court Judge Charles Zambito told a courtroom full of people defrauded by the disgraced funeral director this morning.
To help make sure Tomaszewski is motivated to make restitution, Zambito sent him to prison for a bit less than the maximum term.
Instead of 2 1/2 to seven years in prison, Zambito ordered Tomaszewski to serve from two to six years on the most serious charge he admitted -- grand larceny in the third degree.
On his scheme to defraud and his offering a false instrument for filing, the sentence was 1/3 to four years each, and on the misdemeanor improper burial charge, 364 days.
All sentences are to run concurrently.
"What I can’t break away from is that for 12 years, you went to work every day knowing that the day before you had broken the law and you were going to break the law again," Zambito said. "This isn’t something that you forget about. This is something you don’t know about. You knew what you were supposed to do with that money. You just chose not to do it. Why? Because it was beneficial for you and you figured you would never get caught. That says more to me about your character than any good works you have ever done. I just can’t get around it."
Zambito said the best interest of the community is that Tomaszewski's victims have some assurance that restitution is possible. With a maximum sentence, once Tomaszewski's time was served, he couldn't be hauled back into court if he stopped paying restitution. Today's sentence will ensure that if he slips on his obligation, he can serve as much as 15 years total on the conviction.
Public Defender Jerry Ader argued for a community-based sentence (probation, with no prison time) to best ensure Tomaszewski made restitution to his victims.
During his statement to Zambito, he reminded the judge he had the latitude to use Genesee Justice as it was originally intended, to bring restorative justice to victims and offenders.
Used in that way, Tomaszewski would be required to meet individually with each of his victims so he would have to face the totality of his crimes, to feel the shame, to explain himself.
"It's innovative," Ader said. "It's not used. But it's what people want. People are longing to be heard. They want my client to feel shame, more than he's shamed already."
Interim District Attorney Kevin Finnell said he wanted to see Tomaszewski go to prison for the maximum time the law would allow, characterizing Tomaszewski's actions calculating and a crime against the whole community.
"People trusted him," Finnel said. "(His involvement in the community) was simply a way of gaining trust, to be the good guy, to make friends, 'then you will come and give your money and I will take it.' Mr. Tomaszewski took their money and then broke their trust.
"What Mr. Tomaszewski did was so egregious, so calculating, so wrong. I would submit that the court has no alternative but to sentence him to the maximum allowed and that's a 2 1/3 to a seven-year term."
Ader pushed back at what he characterized as Finnell's attempt to paint his client as some sort of evil mastermind who fooled everybody in the community just to enrich himself.
He said there is no evidence Tomaszewski has a gambling problem or a drug use problem. He said his client used the funds he failed to keep in trust to help grow his business; that he invested it in new buildings and new business ventures.
"It all went back into his business," Ader said. "It was wrong and he know it was wrong and he couldn’t stop because the business was helping people and he wanted to help people.
"My client isn't some sort of Bernie Madoff character who is stealing money in this Ponzi and living lavishly. That is somebody who should be punished for the rest of his life. This is somebody who mismanaged. And if you want to call that poor business, poor judgment, those are choices he made. Bad choices. Criminal choices. But they were choices. Yes, his intent, obviously, was to put that money back into the business but he still provided services."
Zambito didn't buy it.
"I don’t believe you are somehow sacrificing your own life, depriving yourself or your family," Zambito said. "You had what appeared to be a very successful business. You say in your pre-sentence investigation that you invested in the business. 'I needed the money for the sprinkler system. I needed the money to start the Dibble Center. Don’t you think there are other business people out there who need the money to improve their businesses, who want to do the best they can to start new ventures? They borrow the money if they don’t have it. They go to banks."
The defense delivered to the court more than 50 letters from members of the community, including letters from people who were clients of the funeral home, attesting to Tomaszewski's good character, saying he was a good guy who just made a mistake and mismanaged his business. They pointed to his involvement with the Lions Club, to his charitable work, to his support of community organizations.
Zambito said he also had a binder containing information on 91 victims of Tomaszewski's fraud, documenting more than 12 years of criminal activity that cost members of the community more than $500,000. Yes, some of those victims do only want restitution, Zambito said, but many others want justice, they want Tomaszewski to go to prison.
"They believe that the scope and breadth of your crimes outweigh the positive things that can be said about you," Zambito said. "I get that you did good things but you did it with other peoples' money."
After adjusting for the $32,000 Tomaszewski was going to pay today and five percent interest on the original amount of restitution required, Tomaszewski owes his victims $569,434.92.
Zambito ordered Tomaszewski to pay $2,000 a month upon his release from prison, which Zambito said he felt Tomaszewski would have no trouble making full restitution within 10 years of his release because he's shown he has the ability to earn money, particularly in the restaurant business.
Currently, Tomaszewski's former funeral home building is listed for sale for $1 million and another building he owns on West Main Street is listed for $165,000. He also has a pending bankruptcy with $3,242,390 in liabilities. The money owed to victims who filed claims in the federal court cannot be discharged through the bankruptcy proceeding.
Al Kurek, one of Tomaszewski's victims, made a statement to the court during today's hearing. He called Tomaszewski one of the community's "golden boys" who had a successful business and won people's trust but squandered his accomplishment.
"There was only one problem," Kurek said. "All the time he was offering comfort and condolences, he was practicing deceit. He sat across from clients over the years, stared them in the eye, shook their hands providing them with assurance and comfort while all the time knowing that their monies were going directly into his pocket.
"What he actually gave clients was mental anguish and suffering as well as lies, pain, grief, and heartache. The Batavia community had its soul scorched when all of Michael's criminal and unethical activities were revealed."
Joan Mariucci said Tomaszewski stole her trust.
"There are two Rs," she said. "There’s rich and there’s retired. We’re retired. We’re not the rich. We don’t have that kind of money just laying around to give to someone else."
Interim District Attorney Kevin Finnell.
Public Defender Jerry Ader.
Judge Charles Zambito.
A power outage affecting 740 National Grid customers is reported along South Pearl Street Road and south nearly to Alexander Road, from the City of Batavia to near Darien.
The power outage was reported at 1:41 p.m.
It is unconfirmed if related, but there was a motor vehicle accident reported at 2901 South Pearl Street Road, Pembroke, at about the same time the outage started.
The estimated power restoration is 3:45 p.m.
UPDATE 3:15 p.m.: Power has been restored.
Dewey Dilcher, on North Byron Road, Byron, decided some Christmas cheer to racing fans this holiday season with a tricked out stock car in his yard.
Photo submitted by Melissa Dilcher.
The Oakfield-Alabama boys basketball team moved its season record to 4-0 with a 66-45 win over Attica on Tuesday.
Scoring:
Also in boys basketball on Tuesday:
In girls basketball:
Residents throughout the county proudly display their Christmas trees in front windows so every passerby might enjoy the Christmas spirit. Here are a few such trees in Batavia.
Today, VivIFY Hydration Lounge & Medispa hosted its grand opening and ribbon cutting at 413 East Main Street, Batavia.
The spa offers intervenous hydration along with the administration of vitamins, minerals, and nutrients appropriate to the client's needs. The IV process enables the body to absorb 100 percent of the nutrients, a result not possible through pill-based supplements.
Infusion options include increased immunity, athletic recovery, a cure for a hangover, a metabolism boost, migraine relief, and hunger suppression.
Appointments can be made by calling (585) 494-7411.
The former Santy's Tires building on Ellicott Street, which along with the former Soccio & Della Penna building, is part of a redevelopment effort downtown known as Ellicott Station, is nearly gone as construction on the $22 million project continues.
The brownfield redevelopment site has been vacant for many years and has been a challenge to redevelop because of environmental contamination. Grants and tax abatements, about 15 percent of the project's funding, help offset the cost of environmental clean-up.
Savarino Companies of Buffalo is the project developer. It will include 55 apartments, office space, and a restaurant.
It is Christmas Sweater Day at Batavia Middle School.
Top photo: Evan Patrick, 5th grade, models his sweater.
Demarius Johnson, 5th grade
Reid Presley, 5th, and Robert Thurston, 5th.
EIghth-graders Kritina Buchanan, Alora Becket, Mimi Weicher, and Paige Harmon.
Vice-principal John-Martin Cannon and Principal Nate Korzelius.
There are currently 35 Genesee County residents hospitalized with COVID-19, according to Health Department data released today.
The county also reports 209 positive COVID-19 tests since Dec. 16.
There are currently 275 known active cases in Genesee County.
Of the previously reported positive cases, 150 people have completed their mandatory isolation.
Jackson Primary School hosted a drive-thru Christmas parade this evening for Jackson students and their families.
In the top photo, Jaxon Noonan reacts to seeing Santa while his parents Gemma and Kevin Noonan enjoy the moment.
A car-deer accident with injuries is reported in the rea of 2339 Broadway Road, Darien.
Darien Fire and ambulance responding.
UPDATE 5:42 p.m.: A Mercy EMS ambulance dispatched for a patient with facial injuries.
UPDATE 5:48 p.m.: The injuries are minor and bleeding is controlled.
Sidney C. Underhill, 72, of Batavia, is charged with stalking 4th and trespass. Following prior complaints of Underhill showing up and watching at places where the occupant of a residence on Swan Street, Underhill was allegedly located in the backyard of the residence, where he does not reside, without permission. Underhill was arraigned in City Court. An order of protection was issued and he was released on his own recognizance.
Tevin D. Bloom, 28, of Batavia, is charged with criminal contempt 2nd. Bloom is accused of violating an order of protection by going to a protected party's house. He was issued an appearance ticket.
J'Shon K. Naegely, 25, of Batavia, is charged with false personation. During a welfare check at a residence on Dellinger Avenue at 1:40 a.m., Dec. 15, Naegely allegedly lied to police about his identity. He was issued an appearance ticket.
Michael L. Jackson, 40, of Batavia, is charged with petit larceny. Jackson allegedly stole items from a local business at 9:55 p.m., Dec. 10. He was issued an appearance ticket.
Heather M. Davis, 55, of Lockport, is charged with criminal contempt 2nd. Davis is accused of violating an order of protection by contacting the protected party at 8:39 a.m., Dec. 10. She was issued an appearance ticket.
Jordin M. Schultz, 23, of Batavia, is charged with criminal contempt 2nd. During a probation home check at 11:23 p.m., Dec. 11, Schultz was allegedly found in violation of an order of protection. He was released on an appearance ticket.
Lucas Potrzebowski, 27, of Batavia, is charged with harassment 2nd. Potrzebowski is accused of pushing another person to the ground during a dispute at a local business at 11:30 a.m., Dec. 3. He was issued an appearance ticket.
Charles A. Tomaszewski, 59, of Batavia, is charged with criminal contempt 2nd. Tomaszewski is accused of violating an order protection by having contact with the protected party at 8:44 p.m., Nov. 15, at a location on Redfield Parkway. He was issued an appearance ticket.
Thomas J. Leonard, 38, of Batavia, is charged with burglary 2nd, criminal mischief 4th, and criminal nuisance 2nd, after he allegedly damaged property and entered a residence on East Main Street, during an argument at 5:14 p.m., Dec. 11. He was arraigned in City Court and ordered held on $5,000 bail, or $10,000 bond, or $20,000 partially secured bond.
Christopher J. Diers, 39, of Batavia, is charged with petit larceny. Diers is accused of stealing items from a store on East Main Street, Batavia, at 9:59 a.m., Dec. 10. He was issued an appearance ticket.
Samantha E. Hosmer, 34, of Medina, is charged with bail jumping 3rd. Hosmer was arrested on a warrant out of City Court and released on her own recognizance.
Kenneth T. Marrocco, 29, of Batavia, is charged with obstructing governmental administration, criminal mischief 4th, and resisting arrest. Marrocco is accused of breaking the glass of a window of a storm door while attempting to force entry into a residence on Montclaire Avenue, Batavia. When police arrived, Marrocco is accused of resisting arrest and allegedly kicking a Batavia police officer in the face. He was arraigned in City Court and issued a stay-away order of protection along with an appearance ticket.
Michael J. Hilton, 30, no permanent address, is charged with petit larceny. Hilton is accused of shoplifting from a local business at 5:55 p.m., Dec. 7. He was issued an appearance ticket. He was held in the Genesee County Jail on an unrelated warrant issued by NYS Parole.
Joseph D. Turner, 39, of Albion, was arrested on a bench warrant for alleged failure to appear at 3:30 p.m., Dec. 15 by Albion PD and turned over to Batavia PD. Turner accepted a plea agreement to dispose of the case.
Kay E. Dilker, 31, of Albion, was arrested on a bench warrant for alleged failure to appear at 4:15 p.m., Dec. 14, by Albion PD and turned over to Batavia PD. She was arraigned in City Court and released on her own recognizance.
Jason Patrick Wickson, 40, of Ellicott Street Road, Pavilion, is charged with two counts of endangering the welfare of a child. At 10:21 p.m., Dec. 8, medics were dispatched to a residence in Pavilion on the report of a patient suffering a possible stroke. Upon arrival, Pavilion medics and Mercy EMS personal found Wickson suffering a possible overdose from narcotic use. Wickson is accused of using a narcotic in the presence of two children. He was transported to UMMC for medical treatment. Once released from care, Wickson turned himself in the Genesee County Jail for processing and was released on an appearance ticket.
Scot J. Hinze, 35, of Batavia, is charged with felony DWI. Hinze was stopped on Dec. 17 by State Police in Alden for alleged failure to keep right. He allegedly failed a field sobriety test and was processed at SP Clearance where he was allegedly found to have a BAC of .16. Hinze was issued an appearance ticket.
Penny L. Mase, 65, of East Bethany, is charged with DWI and driving with a BAC of .08 or greater. mase was stopped at 10:31 p.m., Dec. 18, in East Bethany by State Police. She was issued an appearance ticket.
Press release:
Today’s national average price for a gallon of gasoline is $3.31, down two cents from last week. One year ago, the price was $2.22. The New York State average is $3.51, down one cent from last week. A year ago, the NYS average was $2.30. AAA Western and Central New York (AAA WCNY) reports the following averages:
- Batavia - $3.46 (down one cent from last week)
- Buffalo - $3.46 (no change from last week)
- Ithaca - $3.50 (no change from last week)
- Rochester - $3.51 (no change from last week)
- Rome - $3.53 (down one cent from last week)
- Syracuse - $3.47 (down one cent from last week)
- Watertown - $3.54 (down one cent from last week)
Since Monday, the national average for a gallon of regular gasoline has decreased by two cents to $3.31. According to the Energy Information Administration (EIA), total domestic gasoline stocks are down while demand is on the rise. Typically, growing demand and tight supply would result in rising pump prices, but fluctuations in the price of crude oil have helped to put downward pressure on prices. This morning, oil prices are below $70 per barrel. Gasoline demand will likely increase with holiday travel and then drop in January when we typically see the cheapest prices of the year.
From Gas Buddy:
"For yet another week, average gasoline prices continue to fall as omicron cases surge, leading oil demand, and thus oil prices, to stall. The decline in gas prices will likely continue until new Covid cases slow down," said Patrick De Haan, head of petroleum analysis for GasBuddy. "With gas prices very likely to continue declining this week in most states, we may see Christmas gas prices fall just under their all-time high on the holiday, which was $3.26 in 2013. Beyond Christmas, with omicron cases likely to continue climbing, I do believe we'll see a more noticeable hit on gasoline demand once the holidays are over. There's a rising likelihood that we won't see gas prices rising for the rest of the year- with one caveat- gas prices in the Great Lakes states have plummeted by 30 to 50 cents in some areas, and stations in those areas may raise prices slightly should oil prices slow their decline. Aside from those areas, declines at the pump are likely to continue as we close out 2021."
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